New Delhi: The Supreme Court on Tuesday (February 18) asked the petitioners to mention the pleas challenging the constitutionality of appointments of Chief Election Commissioner (CEC) and other ECs before it on February 19 and then it can take up the matter after urgent matters.
A bench comprising Justice Surya Kant and N Kotiswar Singh told this to counsels after advocate Prashant Bhushan, appearing for an NGO, urged the bench to take up the matter on priority basis, saying the matter requires urgent consideration and the matter is listed at item number 41 on February 19.
What did the petitioners say?
Bhushan said that the government is making a mockery of democracy by appointing CEC and ECs in violation of the Constitution Bench judgment, which directed such selection and appointments through a panel including the Chief Justice of India, and relying upon the new law, which has excluded the CJI from the panel.
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“The matter is listed for hearing on February 19 but it is listed as item number 41. The government has appointed the CEC and EC as per 2023 law disregarding the view taken by a constitution bench. Kindly take up on top of the board as the matter requires urgent consideration,” Bhushan submitted.
Advocate Varun Thakur, who appeared for petitioner Jaya Thakur, said that the government made three appointments under the new law, which was under challenge.
Make a mention tomorrow, bench told counsels
The bench told counsels to make a mention tomorrow and then it can take up the matter after urgent and fresh matters are over.
“You make a mention tomorrow, then we can take up. After urgent/fresh matters are over,” the bench told counsels representing the petitioners.
The government on February 17 appointed EC Gyanesh Kumar as the next CEC and Vivek Joshi as an EC.
Apex court on February 12 fixed February 19 to hear pleas
The top court had on February 12 fixed February 19 to hear pleas challenging the appointment of the CEC and EC under the 2023 law saying if anything happens in the interregnum, the consequences were bound to follow. It said that the issue would be decided on merit and finally.
What have the petitioners said?
The pleas before the top court have challenged the 2023 law governing the appointment of CEC and ECs. They have argued that the appointment of election commissioners was to be done by an independent committee comprising the Prime Minister, Leader of Opposition and Chief Justice of India as per the 2023 Constitution bench verdict, however, the government brought an act and removed the Chief Justice of India from the committee in violation of the apex court order.
